logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2020.02.11 2020고단34
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 7, 2014, the defendant was issued a summary order of 1.5 million won for the violation of the Road Traffic Act (driving) in the Sung-nam branch of Suwon District Court on April 7, 2014.

On November 18, 2019, at around 12:01, the Defendant driven E K7 vehicles under the influence of alcohol content of about 0.205% from the 3km section from the front of the road in Echeon-si B to the front of D in the same City.

Summary of Evidence

1. Defendant's legal statement;

1. Reports (1), (2) on traffic accidents;

1. The circumstantial statement of the employee;

1. Investigation reports (verification of the same kind of power) and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that an order to attend a lecture was punished twice due to the same kind of crime for sentencing under Article 62-2 of the Criminal Act, and the fact that the instant drinking driving caused physical damage, etc. shall be considered disadvantageous circumstances, but the fact that the time limit and reflects, and that there is no penalty exceeding the fine, etc. shall be considered as favorable circumstances.

In this regard, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, shall be determined comprehensively.

arrow